State ex rel. Kulike v. Town Clerk of the Lebanon
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. This is a certiorari proceeding to review tbe action of tbe supervisors of tbe town, of Lebanon, in tbe county of Dodge, Wisconsin, in laying out a highway in said town, Tbe writ was issued on tbe petition of Alwina Kulike, respondent, setting forth certain alleged defects in tbe proceedings, and directed to tbe town clerk of said town.
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Appeal from an order of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. This is a certiorari proceeding to review tbe action of tbe supervisors of tbe town, of Lebanon, in tbe county of Dodge, Wisconsin, in laying out a highway in said town, Tbe writ was issued on tbe petition of Alwina Kulike, respondent, setting forth certain alleged defects in tbe proceedings, and directed to tbe town clerk of said town. Tbe appellant town clerk, before return, moved tbe circuit court out of which the writ issued to quash tbe writ. Tbe motion to quash was denied, and in tbe same order…
1Opinion of the CourtKerwiN, J.
The first question presented, and the one which is decisive of this appeal, is whether the writ was properly directed. Respondent insists that it should run to the town clerk and not to the supervisors, and bases his contention mainly upon Milwaukee I. Co. v. Schubel, 29 Wis. 444; Williams v. Yorkville, 59 Wis. 119, 17 N. W. 546; State ex rel. Gordon v. McNay, 90 Wis. 104, 106, 62 N. W. 917; State ex rel. Hewitt v. Graves, 120 Wis. 607, 98 N. W. 516; and Rude v. St. Marie, 121 Wis. 634, 99 N. W. 460. In Milwaukee I. Co. v. Schubel the writ of certiorari was issued to bring up the proceedings…
2Cases cited11 opinions
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- State ex rel. Flint v. Common Council of Fond du LacWisconsin Supreme Court · 1877
- State ex rel. Ollinger v. Town of ManitowocWisconsin Supreme Court · 1896
- State ex rel. Clancy v. McGovernWisconsin Supreme Court · 1898
- Durkee v. City of KenosilaWisconsin Supreme Court · 1883
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3Cited by14 opinions
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- State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003
- Koenig v. Pierce County Department of Human ServicesCourt of Appeals of Wisconsin · 2016
- Uihlein v. UihleinWisconsin Supreme Court · 1960
- MacLean v. First National Bank of MadisonWisconsin Supreme Court · 1970
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